Pointing and Masonry Work Didn't Qualify

April 1, 2004

LVT Number: 17226

Landlord applied for MCI rent hikes based on pointing and masonry work. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. A DHCR inspection showed significant cracking to the outside of the building six years after the work was done. This confirmed tenant complaints made about the work a year after it was done. Pointing and masonry work must be done ''as necessary'' to qualify as an MCI under the Rent Stabilization Code.

Landlord applied for MCI rent hikes based on pointing and masonry work. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. A DHCR inspection showed significant cracking to the outside of the building six years after the work was done. This confirmed tenant complaints made about the work a year after it was done. Pointing and masonry work must be done ''as necessary'' to qualify as an MCI under the Rent Stabilization Code.

Whitehouse Estates v. DHCR: NYLJ, 3/15/04, p. 28, col. 2 (App. Div. 1 Dept.; Buckley, PJ, Williams, Lerner, Marlow, JJ)

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